DALMAT NEKRETNINE REAL ESTATE AGENCY
Real Estate Brokerage and Property Transactions
Owner: Jakiša Baranović
Registered Office: Biskupa J. Milete 18, 22000 Šibenik, Republic of Croatia
Personal Identification Number (OIB): 69727713007
Registration Number in the Register of Real Estate Brokers: 116/2014
Effective as of: 7 July 2026
DALMAT NEKRETNINE REAL ESTATE AGENCY, Real Estate Brokerage and Property Transactions
For the purposes of these General Terms and Conditions, the following terms shall have the meanings assigned to them below:
The Broker's property listings are based on information received from property owners or Clients, regardless of whether such information is provided in writing, orally or by electronic means, relating to properties offered for sale, lease or rent. The Broker shall not be liable for the accuracy or completeness of information supplied by property owners or Clients where the Broker has acted with due professional care.
1) Under the Real Estate Brokerage Agreement (hereinafter referred to as the "Agreement"), the Broker undertakes to use its best efforts to identify and introduce a Third Party to the Client for the purpose of negotiating and concluding a legal transaction involving the transfer or establishment of rights in or relating to a specific property, including, but not limited to: sale and purchase; lease; tenancy; exchange; or any other disposition of real estate. The Client undertakes to pay the agreed Brokerage Commission (hereinafter referred to as the "Commission") if such legal transaction is concluded. For the purposes of these General Terms and Conditions, a legal transaction shall also be deemed concluded upon execution of a Preliminary Agreement, whereby the contracting parties undertake to conclude the principal agreement concerning the transfer or establishment of rights in or relating to the property.
2) The Agreement shall be concluded in writing for a fixed term.
3) Unless expressly agreed otherwise by the contracting parties, the Agreement shall remain in force for a period of twelve (12) months from the date of its execution.
4) The Broker may transfer the performance of the Brokerage Agreement to another licensed real estate broker (the "Partner Broker") with whom the Broker has entered into a business cooperation agreement, provided that such transfer has been expressly agreed between the Broker and the Client. The Partner Broker may perform all contractual obligations relating to the property in the name and on behalf of the Broker, whether within the Republic of Croatia or abroad.
Notwithstanding such transfer, the Broker shall remain solely liable to the Client for the due performance of all obligations arising from the Agreement.
The Client shall pay the Brokerage Commission exclusively to: DALMAT NEKRETNINE Real Estate Agency, OIB: 69727713007.
1) A Brokerage Agreement concluded for a fixed term shall terminate upon expiry of the period for which it was concluded if the transaction for which brokerage services were provided has not been concluded within that period, or earlier upon termination by either contracting party.
2) Where termination of the Brokerage Agreement by the Client would be contrary to the principle of good faith and fair dealing or intended to deprive the Broker of its entitlement to the Brokerage Commission, the Broker shall be entitled to compensation for damages in an amount equal to the agreed Brokerage Commission.
3) The Client shall reimburse the Broker for all expenses expressly agreed to be borne separately by the Client.
4) If, after termination of the Brokerage Agreement, the Client concludes a legal transaction that is the direct consequence of the Broker's activities performed before termination of the Agreement, the Client shall pay the Broker the Brokerage Commission in full, irrespective of whether the transaction is concluded directly with the Third Party or through any person affiliated with the Third Party.
1) By entering into an Exclusive Brokerage Agreement, the Client undertakes not to appoint any other real estate broker in respect of the brokered transaction and shall neither sell nor otherwise market the property independently or through any third party without the Broker's involvement.
2) If, during the term of the Exclusive Brokerage Agreement, the Client concludes the intended legal transaction independently or through another broker, despite having granted the Broker an exclusive mandate, the Client shall pay the Broker the agreed Brokerage Commission together with any actual additional expenses incurred during the provision of brokerage services, regardless of whether the legal transaction was concluded directly or through persons affiliated with the Client.
3) Before entering into an Exclusive Brokerage Agreement, the Broker shall specifically inform the Client of the meaning and legal consequences of the exclusivity clause referred to in the preceding paragraph.
4) An Exclusive Brokerage Agreement concluded for a fixed term shall terminate upon expiry of the agreed term if the brokered legal transaction has not been concluded during that period.
5) Where an Exclusive Brokerage Agreement expires due to the reason stated in the preceding paragraph, the Client shall reimburse the Broker for all expenses expressly agreed to be paid separately by the Client.
6) If, following termination of the Exclusive Brokerage Agreement, the Client concludes a legal transaction that is the consequence of the Broker's activities performed before termination of the Agreement, the Client shall remain liable to pay the Brokerage Commission in full, irrespective of whether the transaction is concluded directly with the Third Party or through persons affiliated with the Third Party.
7) If the Client terminates the Exclusive Brokerage Agreement before the expiry of the agreed term, the Client shall compensate the Broker for any damage resulting from such termination.
8) For the purposes of the preceding paragraph, the amount of such damages shall be 3% (three per cent) of the asking price of the property, or such other amount as may be stipulated in the Exclusive Brokerage Agreement, increased by the applicable Value Added Tax (VAT).
The obligation to compensate the Broker shall become due on the date the Client terminates the Exclusive Brokerage Agreement.
1) When providing brokerage services in relation to the sale, purchase, lease or rental of real estate, the Broker shall in particular:
2) Following completion of the Purchase Agreement, and provided that the Client expresses an interest, the Broker shall, without additional charge, perform one or more of the following services on behalf of the purchasing Client:
1) By entering into the Brokerage Agreement, the Client undertakes to:
2) The Client shall not be obliged to enter into negotiations with, or conclude a legal transaction with, a Third Party introduced by the Broker. However, where the Client has failed to act in good faith, the Client shall be liable for all damages suffered by the Broker and shall reimburse all expenses incurred during the provision of brokerage services. Such reimbursement shall not be less than one-third (1/3) of the agreed Brokerage Commission and shall not exceed the full amount of the agreed Brokerage Commission.
3) The Client shall likewise be liable for damages where the Client has acted fraudulently, concealed material information or supplied inaccurate information relevant to the brokerage services for the purpose of influencing or completing the brokered transaction.
1) The amount of the Brokerage Commission shall be determined by the Brokerage Agreement in accordance with the Broker's applicable Price List. The agreed Brokerage Commission includes all standard brokerage services specified in Section VI of these General Terms and Conditions and in the Broker's applicable Price List.
2) Charges for additional services that do not form part of the Broker's ordinary brokerage activities may be imposed only where such services have been expressly agreed with the Client in advance.
The agreement shall specify: the nature of the additional service; a description of the service; the amount of the charge or the method by which it shall be calculated; and the party responsible for payment.
3) Where additional services are charged on an hourly basis, the brokerage hourly rate shall amount to EUR 100.00 (one hundred euros). The Broker shall also be entitled to reimbursement of any separately agreed actual expenses incurred in providing such services.
4) Value Added Tax (VAT) shall be charged on all brokerage commissions and other fees in accordance with applicable legislation.
5) The Broker may charge a brokerage commission to both the Client and the Third Party in respect of the same property, provided that a separate Brokerage Agreement has been concluded with each party. The Broker shall not charge a brokerage commission to a purchaser, tenant, lessee or other acquiring party who has not entered into a Brokerage Agreement with the Broker.
6) Where the Broker has concluded Brokerage Agreements with two Clients concerning the same property and both agreements provide that each Client shall pay a Brokerage Commission, the aggregate commission payable by both Clients shall not exceed the maximum brokerage commission prescribed by the Broker's applicable Price List in force on the date those Brokerage Agreements were concluded.
7) Where the Broker has concluded Brokerage Agreements with two Clients concerning the same property but only one Client has undertaken to pay the Brokerage Commission, the Broker may charge that Client no more than one-half of the maximum brokerage commission prescribed by the applicable Price List in force at the time the Brokerage Agreement was concluded.
8) Before concluding the Brokerage Agreement, the Broker shall inform the contracting parties in writing of: the individual Brokerage Commission payable by each party; and the aggregate Brokerage Commission payable in relation to the transaction.
9) Where the brokered legal transaction includes the execution of a Preliminary Agreement under which the Client and the Third Party undertake to conclude a final agreement relating to the property, and such Preliminary Agreement provides for payment of a deposit and/or part of the purchase price before execution of the final Purchase Agreement, the Client shall pay the Brokerage Commission in two equal instalments: the first instalment shall become due upon payment of the deposit and/or part of the agreed purchase price; the second instalment shall become due upon execution of the final Purchase Agreement or upon expiry of the contractual deadline for its execution.
10) Where the Preliminary Agreement does not provide for payment of a deposit or any part of the purchase price before execution of the final Purchase Agreement, the Brokerage Commission shall become payable on the date the agreed purchase price is paid in full or upon expiry of the contractual deadline for payment provided in the Preliminary Agreement or the final Purchase Agreement.
11) Where the legal transaction consists solely of the execution of a final Purchase Agreement and the purchase price is payable by instalments or includes payment of a deposit, the Brokerage Commission shall be payable in two equal instalments: the first instalment upon payment of the deposit and/or first instalment of the purchase price; the second instalment upon payment of the remaining purchase price in full or upon expiry of the contractual payment deadline.
12) Where the Purchase Agreement provides for payment of the purchase price in a single lump sum, the Brokerage Commission shall become payable on the date the purchase price is paid in full or upon expiry of the contractual deadline for payment.
13) Where the brokered legal transaction includes the execution of a Preliminary Agreement relating to the property that is the subject of the brokerage services, any subsequent withdrawal by either the Client or the Third Party from the Preliminary Agreement, or any failure by either party to perform the obligations arising from the concluded agreement, shall not affect the Client's obligation to pay the Brokerage Commission in the amount and in the manner stipulated by these General Terms and Conditions and the Brokerage Agreement.
14) The Client shall also be obliged to pay the Brokerage Commission where the Client concludes, with a Third Party introduced by the Broker, a legal transaction different from the one originally contemplated, provided that such transaction achieves substantially the same commercial purpose or concerns the property that was the subject of the brokerage services.
15) The Broker shall be deemed to have successfully introduced the Client to a Third Party where the Broker has: personally accompanied or directed the Client to inspect the property; organized a meeting between the Client and the Third Party for the purpose of negotiating the intended legal transaction; provided the Client with the name, company name, telephone number, fax number or e-mail address of the Third Party authorized to conclude the legal transaction; disclosed the precise location of the property; in any other manner enabled the Client and the Third Party to commence negotiations or conclude the legal transaction.
16) The introduction of the Client to a Third Party does not necessarily require a physical inspection of the property. General advertising of the property, without establishing a specific connection between the Client and the Third Party, shall not in itself constitute an introduction giving rise to the Broker's entitlement to the Brokerage Commission. Such introduction may be evidenced by the Broker's business records, CRM records, e-mail correspondence, telephone records, written offers or any other business documentation.
17) Following termination of the Brokerage Agreement, the Broker shall remain entitled to the Brokerage Commission where the Client concludes a legal transaction with the Third Party, or with any person affiliated with the Third Party, if such transaction is the direct consequence of the Broker's activities performed before termination of the Brokerage Agreement.
18) Where the Client withdraws from the brokered transaction during negotiations or before conclusion of the legal transaction, such withdrawal shall not in itself create an obligation to pay the Brokerage Commission in full unless the Broker's entitlement to the Commission has already arisen under the Brokerage Agreement, these General Terms and Conditions and the applicable legislation.
Where the Client has failed to act in good faith, the Broker shall be entitled to compensation for damages together with reimbursement of all expenses incurred, in accordance with applicable legislation and these General Terms and Conditions.
19) The Broker shall also be entitled to the Brokerage Commission where the brokered legal transaction is concluded by: the Client's spouse or cohabiting partner; the Client's descendants or parents; a company, institution or other legal entity established by, owned by, managed by or legally represented by the Client, the Client's spouse or cohabiting partner, descendants or parents, or with which any of them maintains an employment or contractual relationship, provided that such person or entity concludes the brokered legal transaction with the person introduced by the Broker.
20) The Broker shall likewise remain entitled to the Brokerage Commission where the Client transfers ownership of, or otherwise disposes of, the property that is the subject of the brokerage services in favour of any person referred to in the preceding paragraph, and that person subsequently concludes either the brokered legal transaction or another transaction having substantially the same commercial purpose with the Third Party or with a person affiliated with the Third Party.
1) The Broker's current Price List of Brokerage Fees forms an integral part of these General Terms and Conditions and every Brokerage Agreement.
The applicable version shall be the version in force on the date the Brokerage Agreement is concluded.
2) The applicable Price List shall specify: the Brokerage Commission; the minimum Brokerage Commission; the person or persons liable for payment of the Brokerage Commission; the services included within the Brokerage Commission; the maximum aggregate Brokerage Commission where commissions are payable by both contracting parties; and the rules governing additional services and reimbursable expenses.
3) The Price List shall be presented to the Client before the Brokerage Agreement is executed and shall be signed by both the Broker and the Client, or by the Third Party where such Third Party enters into a separate Brokerage Agreement with the Broker.
4) The Broker shall not charge a Brokerage Commission to any purchaser, tenant, lessee or other acquiring party who has not entered into a separate Brokerage Agreement with the Broker.
1) The Broker shall not advertise any property unless a Brokerage Agreement has first been concluded with the property owner or another duly authorized Client.
2) Where the Broker advertises a property pursuant to a Brokerage Agreement, the Broker shall not make inspection of that property conditional upon the prospective purchaser or other interested party first entering into a Brokerage Agreement.
3) Each inspection of a property arranged through the Broker shall be evidenced by the signing of a Property Viewing Confirmation, whereby the Broker or the Agent confirms to the Client that the property has been shown to a Third Party.
4) A Property Viewing Confirmation shall not constitute a Brokerage Agreement and shall not contain any provision obliging the Third Party to pay a Brokerage Commission.
1) By entering into the Brokerage Agreement, the Client confirms that the Broker has informed the Client that, in its capacity as the data controller, the Broker collects and processes the Client's personal data for the following purposes: performance of the Brokerage Agreement; maintaining and developing the business relationship with the Client; and compliance with the Broker's legal and regulatory obligations. The Client acknowledges that the processing of personal data is necessary both for the performance of the Brokerage Agreement and for maintaining an effective business relationship between the parties.
2) The Broker shall process the Client's personal data in accordance with all applicable legislation governing the protection of personal data, including, without limitation: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (General Data Protection Regulation – GDPR); and the Croatian Act on the Implementation of the General Data Protection Regulation (Official Gazette No. 42/18), as amended from time to time.
3) The Client, in his or her capacity as a data subject, shall be entitled to exercise all rights provided under the applicable personal data protection legislation, including, where applicable: the right of access; the right to rectification; the right to erasure; the right to restriction of processing; the right to object to processing; the right to data portability; and all other rights guaranteed under the GDPR and applicable Croatian legislation.
Such rights may be exercised by submitting a request to the Broker in accordance with the applicable legal requirements.
4) The Broker shall process all personal data in accordance with applicable legal requirements and shall implement appropriate technical, organizational and physical security measures designed to protect personal data against: unauthorized access; misuse; unlawful disclosure; accidental loss; destruction; or unauthorized alteration.
5) By signing the Brokerage Agreement, the Client confirms that he or she has been informed of the Privacy Notice of: DALMAT NEKRETNINE Real Estate Agency, Real Estate Brokerage and Property Transactions, OIB: 69727713007 available on the Broker's official website: www.dalmatianhome.comThe Privacy Notice contains detailed information concerning: the manner in which personal data are processed; the purposes of processing; the legal basis for processing; the Client's rights relating to personal data processing; the contact details of the person responsible for data protection matters; and all other information required to be provided to data subjects under the General Data Protection Regulation (GDPR).
Any matter not expressly governed by these General Terms and Conditions shall be subject to: the Real Estate Brokerage Act; the Croatian Civil Obligations Act; and all other applicable legislation of the Republic of Croatia.
These General Terms and Conditions shall enter into force and become effective on 7 July 2026.
DALMAT NEKRETNINE Real Estate Agency
Owned by Jakiša Baranović
Registered office at Biskupa J. Milete 18, 22000 Šibenik, Croatia
OIB 69727713007
Registration Number in the Register of Real Estate Brokers 116/2014, dated 5 February 2018.
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